[HISTORY: Adopted by the Town of Topsham as indicated in
article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 124.
[Passed at referendum 6-12-2012]
This article shall govern the sale of consumer fireworks and
fireworks as defined herein, as in 8 M.R.S.A. §§ 221A
through 237.
As used in this article, the following terms shall have the
meanings indicated:
Shall have the same meaning as in 8 M.R.S.A. § 221A
through 237, as may be amended from time to time.
The sale of, or offer to sell, consumer fireworks shall be prohibited
within the Town of Topsham.
A.
Any person, individual, corporation, company, association, firm,
partnership, society, joint-stock company or any other organization
who sells or offers to sell consumer fireworks in the Town of Topsham
shall be punished by a penalty of not less than five hundred dollars
($500.00), plus costs associated with prosecuting the violation, for
a first offense. For second and subsequent violations, a penalty of
not less than one thousand dollars ($1,000.00), plus costs, shall
be imposed.
B.
Any penalties assessed under this article shall inure to the Town
of Topsham.
C.
The Town of Topsham may seize consumer fireworks that the Town has
probable cause to believe are being sold or are to be sold in violation
of this article. Upon conviction for selling or offering to sell consumer
fireworks, any seized fireworks shall be forfeited to the Town. Forfeited
consumer fireworks shall be forwarded to the State of Maine for disposal.
[Passed at referendum 6-12-2012]
This article shall govern the use of consumer fireworks and
fireworks as defined herein, as in 8 M.R.S.A. §§ 221A
through 237.
As used in this article, the following terms shall have the
meanings indicated:
Shall have the same meaning as in 8 M.R.S.A. §§ 221
through 237, as may be amended from time to time.
The use, discharge or ignition of consumer fireworks shall be
prohibited within the Town of Topsham.
A.
Any person, individual, corporation, company, association, firm,
partnership, society, joint-stock company or any other organization
who uses, discharges or ignites consumer fireworks in the Town of
Topsham shall be punished by a penalty of not less than two hundred
dollars ($200.00) and not more than four hundred dollars ($400.00),
plus costs associated with prosecuting the violation and any response
from the Topsham Fire Department made necessary by such violation,
for a first offense. For second and subsequent violations, a penalty
of not less than three hundred dollars ($300.00) and not more than
six hundred dollars ($600.00) per violation, plus costs, shall be
imposed.
B.
Any penalties assessed under this article shall inure to the Town
of Topsham.
C.
The Town of Topsham may seize consumer fireworks that the Town has
probable cause to believe are to be used, when located at the site
of a suspected violation of this article. Upon conviction for illegal
use of consumer fireworks, any seized fireworks shall be forfeited
to the Town. Forfeited consumer fireworks shall be forwarded to the
State of Maine for disposal.